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38 J. Mar. L. & Com. 433 (2007)
The Admiralty Jurisdiction of Torts and Crimes and the Failed Search for Its Purposes

handle is hein.journals/jmlc38 and id is 441 raw text is: Journal of Maritime Law & Commerce, Vol. 38, No. 4, October, 2007 THE ADMIRALTY JURISDICTION OF TORTS AND CRIMES AND THE FAILED SEARCH FOR ITS PURPOSES Graydon S. Staring* I. Introduction 433 II. The Historical Precedents 436 A. In England 436 B. The Colonial Vice Admirals and their Courts 445 C. French Influence? 448 III. Constitutional Allocation and Adaptation 449 A. What Was Allocated? 449 B. The Reason for the Allocation (Original Intent) 455 C. Views of the Scope of the Federal Allocation 457 IV. Attributions of Purpose in Modem U.S. Cases 459 A. An Introduction to the Search 459 B. The Traditional Maritime Activity Test 461 C. Attempts at Commercial Limitation 463 D. The Industrial Variation 471 E. The Political Purpose 472 V. Territorial Clarity, an Original Purpose 474 A. A Plea for Pragmatism 474 B. Disagreement with Congressional Understandings 476 C. The Functional Record of Traditional Activity and Potential Disruption 478 D. The Extension Act 480 VI. Conclusions 484 *Of Counsel to Nixon Peabody LLP in San Francisco. A.B. Hamilton College 1947, JD. Boalt Hall, Berkeley 1951. Member of United States Supreme Court and California bars; Past President of the Maritime Law Association of the United States. I am very grateful to Professor Emeritus of Law David J. Sharpe of The George Washington University, who kindly read this article in draft and proposed a number of corrections and clarifications which I have adopted, without, however, his assuming or having thrust upon him any responsibility for my opinions. The article contains material published in a shorter article, A Return to Objectivity In Admiralty Tort Jurisdiction?, 4 BENEDICr's MAR. BuLL. 94 (Second Quarter 2006). 433